Court File and Parties
Court of Appeal for Ontario Date: 2024-12-13 Docket: COA-23-CV-0865
Before: Brown, Huscroft and Miller JJ.A.
Between: Andrey Pinsky Plaintiff (Appellant)
And: 2479420 Ontario Inc., James Leduchowski and Diane Hachey Defendants (Respondents)
Counsel: Andrey Pinsky, acting in person Morris J. Holervich, for the respondents
Heard: December 10, 2024
On appeal from the order of Justice W. Danial Newton of the Superior Court of Justice, dated June 27, 2023.
Reasons for Decision
[1] This is an appeal from the order of the motion judge dismissing the appellant’s action as an abuse of process. The motion judge found that the action contravened s. 2(1) of the Solicitors Act, R.S.O. 1990, c. S.15. He declined to grant leave, nunc pro tunc, to allow the appellant to bring an action under s. 8 of the Solicitors Act.
[2] The appellant makes numerous claims of error, but in his factum argues specifically that the motion judge erred by: (a) failing to conclude that his action was the appropriate way to proceed because the respondents disputed the nature and scope of his retainer; (b) causing procedural unfairness by dismissing his motion to further amend his statement of claim; and (c) reversing the burden of proof. We do not agree.
[3] Whether the respondents disputed the nature and scope of the appellant’s retainer has no bearing on the dismissal of his action. Section 2(1) of the Solicitors Act prohibits actions within one month of the delivery of a solicitor’s bill, and the appellant brought his action within less than a week.
[4] The motion judge’s dismissal of the appellant’s motion to amend his statement of claim did not result in procedural unfairness. The case conference judge had ordered that no further material be served or filed without advance leave of the court. The appellant did not have leave.
[5] The motion judge did not reverse the burden of proof. His finding that the action was an abuse of process is amply supported by the record.
[6] The appeal is dismissed. The respondent is entitled to costs of $3,000 all-inclusive.
“David Brown J.A.”
“Grant Huscroft J.A.”
“B.W. Miller J.A.”